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- In financial remedy proceedings, the husband was trying to thwart the wife's claim by asserting that the business and the properties were owned by his mother, in a situation where the true owners had been camouflaged. In virtually every case the actual facts would determine the real ownership of a piece of property, and an enquiry into real ownership would consider the intentions of the relevant actors. Conveyancers were urged to record how the beneficial interest is to be held. Mostyn J found that the business and properties were owned 50:50 by the husband and wife. Judgment, 27/03/2019, free
- Wife appealed and husband cross-appealed against a financial remedy order where the issues of principle raised related to the manner in which the court applied the sharing principle. They can be summarised as follows: (a) What approach should the court take to the valuation of shares in a private company when determining how to divide the marital wealth; and (b) What approach should the court take when determining what part of the parties' current wealth is properly to be defined as non-marital in circumstances where that wealth includes shares in a private company which was founded by a spouse prior to the date when the parties married or started living together. Judgment, 30/12/2018, free
- In a tweet: Unequal sharing thanks to special contribution Judgment, 06/08/2018, free
- Final hearing of an application for financial remedies made in high value net worth divorce proceedings. Judgment, 30/05/2018, free
- High value financial remedy appeal where the main focus was the judge's finding that he was unable to determine the value or future liquidity of the major business asset and his decision to make a so called Wells order. The court also addressed the impact of a pre-marital agreement, non-matrimonial assets and the sharing principle. Lord Justice Lewison, in the third judgment, makes some interesting points in relation to the difficulties in valuing private companies. The appeal was dismissed. Judgment, 11/05/2018, free
Latest know-how
- In a tweet: Unequal sharing thanks to special contribution Case note, 06/08/2018, members only
- In a tweet: Corporate veil pierced after H conceals assets in various off-shore corporate entities Case note, 15/05/2018, members only
- Practice Note reproduced from the Dictionary of Financial Remedies 2018. See more here: https://classlegal.com/books/dictionary-of-financial-remedies Practice note, 01/05/2018, members only
- In a tweet: H pleads poverty and W denies hiring a hitman Case note, 19/01/2018, members only
- In a tweet: Using the linear time approach to assess historic business valuation Case note, 12/06/2017, members only
Latest training
- Mena Ruparel and Mark Penston unpick the complex task of understanding the different types of remuneration that might crop up in financial remedy proceedings. Webcast, 19/04/2018, members only
- Recording of live webinar first broadcast 7 December 2016 Webcast, 09/12/2016, members only
- In this webcast, which was recorded in June 2016, Helen Williams from 29 Bedford Row discusses what to do when there is a business involved in the divorce. Webcast, 15/09/2016, members only
- 6 questions relating to the webcast which was recorded on 7 July 2016 CPD course, 18/08/2016, members only
- Recording of webinar first broadcast 7 July 2016. Webcast, 08/07/2016, members only
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